People v. Camacho CA5

Filed 3/7/24 P. v. Camacho CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE, F086038 Plaintiff and Appellant, (Super. Ct. No. VCF405649) v.

PETER CAMACHO, OPINION Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Tulare County. Nathan G. Leedy, Judge. Tim Ward, District Attorney, Douglas Dobbin, Deputy District Attorney, for Plaintiff and Appellant. No appearance for Defendant and Respondent. -ooOoo- This appeal is brought by the Tulare County District Attorney seeking the reversal of an order dismissing a count brought against defendant Peter Camacho, following a Penal Code section 995 hearing. 1 Appellant argues the trial court improperly reweighed

1 All further statutory references are to the Penal Code, unless otherwise indicated.

the evidence presented to the magistrate at the preliminary hearing, who found there was probable cause to charge defendant with committing a violation of Vehicle Code section 2800.2. Following our review of the record, we affirm. PROCEDURAL SUMMARY On November 25, 2020, a felony complaint was filed charging defendant with two felony firearm violations. Defendant failed to appear for his arraignment on the complaint, resulting in a bench warrant being issued on March 19, 2021. Defendant was arraigned on January 18, 2023, on charges brought in a different case for two violations of Vehicle Code section 2800.2, occurring on September 16, 2021, and October 6, 2021. The charge from October 6, 2021, is the subject of this appeal. (Case No. VCF430254.) At some point, this prior case was consolidated with present case No. VCF405649. Following a preliminary hearing held on January 30, 2023, an information was filed on February 9, 2023, charging defendant with the same two firearm counts specified in the November 2020 felony complaint, but also included two felony counts of fleeing a pursuing peace officer’s motor vehicle while driving recklessly (Veh. Code, § 2800.2, a felony; counts 3 and 4). Count 4 involved the October 6, 2021, incident that is the subject of this appeal. Defendant filed a motion challenging count 4, arguing the evidence submitted at the preliminary hearing did not support the charge under section 995. Defendant’s section 995 motion was granted in the superior court following a hearing on March 23, 2023. The People timely appealed. FACTUAL SUMMARY During the preliminary hearing addressing the evidence supporting a finding of probable cause to charge count 4, Officer Vince Muto offered testimony about the events occurring on October 6, 2021. Muto was not a percipient witness to any of the October 6 events. Muto’s testimony was based on a report of the incident prepared by another